1. How much is the compensation for patent infringement?
1. At present, the compensation for the design is as follows: 30,000 to 80,000 for the manufacturer and 30,000 to 30,000 for the retailer/kloc-0, provided that the plaintiff does not provide any evidence at all. Utility model: 50,000 to 65,438+million manufacturers and 20,000 to 50,000 retailers. The invention is slightly higher, generally 10 to 200,000, and the manufacturer is 30,000 to 80,000. The compensation base for only promised sales is generally 1 to 30,000. For cases where the product sales amount is more than 65,438+0,000 yuan, or cases of wholesale infringement, or cases where the infringer is a mid-range enterprise, the benchmark amount will be adjusted.
2. In practice, the benchmark amount of wholesale infringement compensation is generally 0 to 3 times of 65438+ retail sales. For products of several thousand yuan and above, there are great differences between major cases due to different unit prices, so this benchmark amount is generally not set, and it should be grasped as appropriate. For manufacturing enterprises with a registered capital of less than100000 yuan and retail enterprises with a registered capital of less than 30000 yuan, this benchmark amount will be lowered. For production enterprises with a registered capital of more than one million yuan and retail enterprises with a registered capital of more than one hundred thousand yuan, the benchmark amount will be increased.
Second, the legal provisions of patent infringement
1. Article 65 of the Patent Law determines the amount of compensation for patent infringement according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement.
If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.
2. It is mentioned in the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes that it is difficult to determine the losses of the infringed or the benefits gained by the infringer, and there are patent license fees for reference. The people's court may reasonably determine the amount of compensation by referring to 1 to 3 times of the patent license fee according to the type of patent right, the nature and circumstances of infringement by the infringer, the amount of patent license fee, the nature, scope and time of patent license, etc. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, according to factors such as the type of patent right, the nature and circumstances of the infringer's infringement, generally determine the amount of compensation from 5,000 yuan to 300,000 yuan, and the maximum amount shall not exceed 500,000 yuan.
The amount of compensation after patent infringement depends on the actual situation. After patent infringement, not everyone can get the same amount of compensation. We should be able to understand the relevant regulations. If you want the infringer to be punished by law after patent infringement, those who want to fight for rights and interests can find a lawyer.